Border Security for America Act of 2021
This bill addresses border security and related issues.
For example, the bill
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4828 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4828
To secure the international borders of the United States, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2021
Mr. Katko (for himself, Mr. McCarthy, Mr. Scalise, Ms. Stefanik, Mr.
Johnson of Louisiana, Mr. Rogers of Alabama, Ms. Granger, Mr. McCaul,
Mr. Comer, Mrs. Walorski, Mrs. Rodgers of Washington, Mr. Graves of
Missouri, Mr. Guest, Mr. Higgins of Louisiana, Mr. Norman, Mrs. Miller-
Meeks, Mrs. Harshbarger, Mr. Clyde, Mr. Gimenez, Mr. LaTurner, Mr.
Meijer, Mrs. Cammack, Mr. Pfluger, Mr. Garbarino, Mr. Van Drew, Mr.
Babin, Mr. Emmer, Mr. Tony Gonzales of Texas, Mr. Rutherford, Mr.
Nehls, and Ms. Malliotakis) introduced the following bill; which was
referred to the Committee on Homeland Security, and in addition to the
Committees on Agriculture, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To secure the international borders of the United States, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border Security
for America Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Border wall system construction.
Sec. 4. Strengthening the requirements for barriers along the southern
border.
Sec. 5. Border and port security technology investment plan.
Sec. 6. Commercial solutions opening acquisition program.
Sec. 7. Border security technology program management.
Sec. 8. U.S. Customs and Border Protection technology upgrades.
Sec. 9. Nonintrusive inspection operations.
Sec. 10. Additional U.S. Customs and Border Protection personnel.
Sec. 11. Anti-Border Corruption Act Reauthorization.
Sec. 12. Establishment of workload staffing models for U.S. Border
Patrol and Air and Marine Operations of
CBP.
Sec. 13. Operation Stonegarden.
Sec. 14. Air and Marine Operations flight hours.
Sec. 15. Eradication of carrizo cane and salt cedar.
Sec. 16. Border Patrol Strategic Plan.
Sec. 17. Homeland Security Investigations Innovation Lab.
Sec. 18. Integrated Border Enforcement Teams.
Sec. 19. DNA collection consistent with Federal law.
SEC. 2. DEFINITIONS.
In this Act:
(1) CBP.--The term ``CBP'' means U.S. Customs and Border
Protection.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Department.--The term ``Department'' means the
Department of Homeland Security.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Situational awareness.--The term ``situational
awareness'' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
(6) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 3. BORDER WALL SYSTEM CONSTRUCTION.
(a) In General.--
(1) Immediate resumption of border wall construction.--Not
later than 24 hours after the date of the enactment of this
section, the Secretary shall resume all activities related to
the construction of the border barrier system (also known as,
and referred to in this section as, the ``border wall system'')
along the international border between the United States and
Mexico that were underway or being planned for prior to January
20, 2021.
(2) No cancellations.--The Secretary may not cancel any
contract for activities related to the construction of the
border wall system that was entered into on or before January
20, 2021.
(3) Use of funds.--To carry out this section, the Secretary
shall expend all funds appropriated or explicitly obligated for
the construction of the border wall system that were
appropriated or obligated, as the case may be, for use
beginning October 1, 2016.
(b) Plan To Complete Tactical Infrastructure and Technology
Elements of System.--Not later than 90 days after the date of the
enactment of this section, the Secretary shall submit to the
appropriate congressional committees an implementation plan, including
quarterly benchmarks and cost estimates, for satisfying all
requirements of the construction of the border wall system referred to
in paragraph (1) of subsection (a), including tactical infrastructure,
technology, and other elements as identified by the Department prior to
January 20, 2021, through the expenditure of funds appropriated or
explicitly obligated, as the case may be, for use beginning October 1,
2016, as well as any future funds appropriated by Congress.
(c) Uphold Negotiated Agreements.--The Secretary shall ensure that
all agreements executed in writing between the Department and private
citizens, State, local, or Tribal governments, or other stakeholders
are honored by the Department relating to current and future
construction of the border wall system as required by such agreements.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs and the Committee on Appropriations of
the Senate.
(2) Tactical infrastructure.--The term ``tactical
infrastructure'' includes boat ramps, access gates,
checkpoints, lighting, and roads associated with a border wall
system.
(3) Technology.--The term ``technology'' includes border
surveillance and detection technology, including linear ground
detection systems, associated with a border wall system.
SEC. 4. STRENGTHENING THE REQUIREMENTS FOR BARRIERS ALONG THE SOUTHERN
BORDER.
Section 102 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary of Homeland Security shall take
such actions as may be necessary (including the removal of obstacles to
detection of illegal entrants) to design, test, construct, install,
deploy, integrate, and operate physical barriers, tactical
infrastructure, and technology in the vicinity of the United States
border to achieve situational awareness and operational control of the
border and deter, impede, and detect illegal activity in high traffic
areas.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Fencing and Road Improvements'' and inserting
``Physical Barriers'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)''
and inserting ``this section'';
(II) by striking ``roads, lighting,
cameras, and sensors'' and inserting
``tactical infrastructure, and
technology''; and
(III) by striking ``gain'' and
inserting ``achieve situational
awareness and'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) Physical barriers and tactical
infrastructure.--The Secretary, in carrying out this
section, shall deploy along the United States border
the most practical and effective physical barriers and
tactical infrastructure available for achieving
situational awareness and operational control of the
border.'';
(iii) in subparagraph (C)--
(I) by amending clause (i) to read
as follows:
``(i) In general.--In carrying out this
section, the Secretary shall consult with
appropriate Federal agency partners,
appropriate representatives of Federal, State,
Tribal, and local governments, and appropriate
private property owners in the United States to
minimize the impact on the environment,
culture, commerce, and quality of life for the
communities and residents located near the
sites at which such physical barriers are to be
constructed.''; and
(II) in clause (ii)--
(aa) in subclause (I), by
striking ``or'' after the
semicolon at the end;
(bb) by amending subclause
(II) to read as follows:
``(II) delay the transfer to the
United States of the possession of
property or affect the validity of any
property acquisition by the United
States by purchase or eminent domain,
or to otherwise affect the eminent
domain laws of the United States or of
any State; or''; and
(cc) by adding at the end
the following new subclause:
``(III) create any right or
liability for any party.''; and
(iv) by striking subparagraph (D);
(C) in paragraph (2)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``this subsection'' and
inserting ``this section''; and
(iii) by striking ``construction of
fences'' and inserting ``the construction of
physical barriers'';
(D) by amending paragraph (3) to read as follows:
``(3) Agent safety.--In carrying out this section, the
Secretary of Homeland Security, when designing, constructing,
and deploying physical barriers, tactical infrastructure, or
technology, shall incorporate such safety features into such
design, construction, or deployment of such physical barriers,
tactical infrastructure, or technology, as the case may be,
that the Secretary determines are necessary to maximize the
safety and effectiveness of officers or agents of the
Department of Homeland Security or of any other Federal agency
deployed in the vicinity of such physical barriers, tactical
infrastructure, or technology.''; and
(E) in paragraph (4), by striking ``this
subsection'' and inserting ``this section'';
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall have the
authority to waive all legal requirements the Secretary
determines necessary to ensure the expeditious design, testing,
construction, installation, deployment, integration, and
operation of the physical barriers, tactical infrastructure,
and technology under this section. Such waiver authority shall
also apply with respect to any maintenance carried out on such
physical barriers, tactical infrastructure, or technology. Any
such decision by the Secretary shall be effective upon
publication in the Federal Register.'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) Notification.--Not later than 7 days after the date
on which the Secretary of Homeland Security exercises the
waiver authority under paragraph (1), the Secretary shall
notify the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate of such waiver.''; and
(4) by adding at the end the following new subsections:
``(e) Technology.--The Secretary of Homeland Security, in carrying
out this section, shall deploy along the United States border the most
practical and effective technology available for achieving situational
awareness and operational control of the border.
``(f) Definitions.--In this section:
``(1) Advanced unattended surveillance sensors.--The term
`advanced unattended surveillance sensors' means sensors that
utilize an onboard computer to analyze detections in an effort
to discern between vehicles, humans, and animals, and
ultimately filter false positives prior to transmission.
``(2) High traffic areas.--The term `high traffic areas'
means areas in the vicinity of the United States border that--
``(A) are within the responsibility of U.S. Customs
and Border Protection; and
``(B) have significant unlawful cross-border
activity, as determined by the Secretary of Homeland
Security.
``(3) Operational control.--The term `operational control'
has the meaning given such term in section 2(b) of the Secure
Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
``(4) Physical barriers.--The term `physical barriers'
includes reinforced fencing, border wall system, and levee
walls.
``(5) Situational awareness.--The term `situational
awareness' has the meaning given such term in section
1092(a)(7) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
``(6) Tactical infrastructure.--The term `tactical
infrastructure' includes boat ramps, access gates, checkpoints,
lighting, and roads.
``(7) Technology.--The term `technology' includes border
surveillance and detection technology, including the following:
``(A) Tower-based surveillance technology.
``(B) Deployable, lighter-than-air ground
surveillance equipment.
``(C) Vehicle and Dismount Exploitation Radars
(VADER).
``(D) 3-dimensional, seismic acoustic detection and
ranging border tunneling detection technology.
``(E) Advanced unattended surveillance sensors.
``(F) Mobile vehicle-mounted and man-portable
surveillance capabilities.
``(G) Unmanned aircraft systems.
``(H) Other border detection, communication, and
surveillance technology.
``(8) Unmanned aircraft system.--The term `unmanned
aircraft system' has the meaning given such term in section
44801 of title 49, United States Code.''.
SEC. 5. BORDER AND PORT SECURITY TECHNOLOGY INVESTMENT PLAN.
(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Commissioner, in consultation with
covered officials and border and port security technology stakeholders,
shall submit to the appropriate congressional committees a strategic 5-
year technology investment plan (in this section to be referred to as
the ``plan''). The plan may include a classified annex, if appropriate.
(b) Contents of Plan.--The plan shall include the following:
(1) An analysis of security risks with respect to ports of
entry along the northern and southern borders of the United
States.
(2) An identification of capability gaps with respect to
security at such ports of entry.
(3) An analysis of current and forecast trends relating to
the number of aliens who--
(A) unlawfully entered the United States by
crossing the northern or southern border of the United
States; or
(B) are unlawfully present in the United States.
(4) A description of security-related technology
acquisitions that are listed in order of priority to address
the security risks and capability gaps identified pursuant to
paragraphs (1) and (2), respectively.
(5) A description of each planned security-related
technology program, including objectives, goals, and timelines
for each such program.
(6) An identification of each deployed security-related
technology that is at or near the end of the life cycle of such
technology.
(7) A description of the test, evaluation, modeling, and
simulation capabilities, including target methodologies,
rationales, and timelines, necessary to support the acquisition
of security-related technologies pursuant to paragraph (4).
(8) An identification and assessment of ways to increase
opportunities for communication and collaboration with
industry, small and disadvantaged businesses, intra-government
entities, university centers of excellence, and national
laboratories to ensure CBP understands the market for security-
related technologies that are available to satisfy its mission
needs before engaging in an acquisition of a security-related
technology.
(9) An assessment of the management of planned security-
related technology programs by the acquisition workforce of
CBP.
(10) An identification of ways to leverage already-existing
acquisition expertise within the Federal Government.
(11) A description of the security resources, including
information security resources, that will be required to
protect security-related technology from physical or cyber
theft, diversion, sabotage, or attack.
(12) A description of initiatives to--
(A) streamline the acquisition process of CBP; and
(B) provide greater predictability and clarity,
with respect to such process, to small, medium, and
large businesses, including information relating to the
timeline for testing and evaluation.
(13) An assessment of the privacy and security impact on
border communities of security-related technology.
(14) In the case of a new acquisition leading to the
removal of equipment from a port of entry along the northern or
southern border of the United States, a strategy to consult
with industry and community stakeholders affected by such
removal.
(15) A strategy to consult with industry and community
stakeholders with respect to security impacts at a port of
entry described in paragraph (14).
(c) Leveraging the Private Sector.--To the extent practicable, the
plan shall--
(1) leverage to the greatest extent possible emerging
technological trends, and research and development trends,
within the public and private sectors;
(2) incorporate input from the private sector, including
from border and port security stakeholders, through requests
for information, industry day events, and other innovative
means consistent with the Federal Acquisition Regulation; and
(3) identify security-related technologies that are in
development or deployed, with or without adaptation, that may
satisfy the mission needs of CBP.
(d) Form.--To the extent practicable, the plan shall be published
in unclassified form on the website of the Department.
(e) Approval.--The Commissioner may not publish the plan until the
plan is approved by the Secretary.
(f) Disclosure.--The plan shall include a list of the names of
individuals not employed by the Federal Government who contributed to
the development of the plan.
(g) Update and Report.--Not later than the date that is two years
after the date on which the plan is submitted to the appropriate
congressional committees pursuant to subsection (a) and biennially
thereafter for ten years, the Commissioner shall submit to the
appropriate congressional committees--
(1) an update of the plan, if appropriate; and
(2) a report that includes--
(A) the extent to which each security-related
technology acquired by CBP since the initial submission
of the plan or most recent update of the plan, as the
case may be, is consistent with the planned technology
programs and projects identified pursuant to subsection
(b)(5); and
(B) the type of contract and the reason for
acquiring such security-related technology.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security of the House
of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary for Management of the
Department;
(B) the Under Secretary for Science and Technology
of the Department; and
(C) the Chief Information Officer of the
Department.
(3) Unlawfully present.--The term ``unlawfully present''
has the meaning given such term in section 212(a)(9)(B)(ii) of
the Immigration and Nationality Act (8 U.S.C.
1182(a)(9)(B)(ii)).
SEC. 6. COMMERCIAL SOLUTIONS OPENING ACQUISITION PROGRAM.
(a) Authority.--The Commissioner may carry out a program, to be
known as the ``commercial solutions opening acquisition program'' (in
this section referred to as the ``program''), under which commercial
items that are innovative may be acquired through a competitive
selection of proposals resulting from a general solicitation and peer
review of such proposals.
(b) Treatment as Competitive Procedures.--Use of general
solicitation competitive procedures for the program shall be considered
to be use of competitive procedures for purposes of division C of title
41, United States Code.
(c) Limitation.--The Commissioner may not enter into a contract
under the program for an amount in excess of $10,000,000.
(d) Guidance.--The Commissioner, in consultation with the Under
Secretary for Management of the Department, shall--
(1) issue guidance for the implementation of the program;
and
(2) post such guidance on a publicly available website of
CBP.
(e) Report.--
(1) In general.--The Commissioner shall submit to the
appropriate congressional committees a report relating to the
activities of the program as an addendum to the annual budget
request submission of the Commissioner.
(2) Elements.--Each report required under paragraph (1)
shall include--
(A) an assessment of the impact of the program with
respect to competition;
(B) a comparison of acquisition timelines of
procurements made using--
(i) the program; and
(ii) other competitive procedures that do
not rely on general solicitations; and
(C) a recommendation with respect to whether the
authority for the program should be extended beyond the
date of termination specified in subsection (f).
(f) Termination.--The program shall terminate on September 30,
2028.
(g) Definitions.--In this section:
(1) Competitive procedures.--The term ``competitive
procedures'' has the meaning given such term in section 152 of
title 41, United States Code.
(2) Innovative.--The term ``innovative'' means any new--
(A) technology, process, or method, including
research and development; or
(B) application of an existing technology, process,
or method.
SEC. 7. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 437. BORDER SECURITY TECHNOLOGY PROGRAM MANAGEMENT.
``(a) Major Acquisition Program Defined.--In this section, the term
`major acquisition program' means an acquisition program of the
Department that is estimated by the Secretary to require an eventual
total expenditure of at least $300,000,000 (based on fiscal year 2022
constant dollars) over its life-cycle cost.
``(b) Planning Documentation.--For each border security technology
acquisition program of the Department that is determined to be a major
acquisition program, the Secretary shall--
``(1) ensure that each such program has a written
acquisition program baseline approved by the relevant
acquisition decision authority;
``(2) document that each such program is satisfying cost,
schedule, and performance thresholds as specified in such
baseline, in compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(3) have a plan for satisfying program implementation
objectives by managing contractor performance.
``(c) Adherence to Standards.--The Secretary, acting through the
Under Secretary for Management and the Commissioner of U.S. Customs and
Border Protection, shall ensure border security technology acquisition
program managers who are responsible for carrying out this section
adhere to relevant internal control standards identified by the
Comptroller General of the United States. The Commissioner shall
provide information, as needed, to assist the Under Secretary in
monitoring management of border security technology acquisition
programs under this section.
``(d) Plan.--The Secretary, acting through the Under Secretary for
Management, in coordination with the Under Secretary for Science and
Technology and the Commissioner of U.S. Customs and Border Protection,
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a plan for testing, evaluating, and using
independent verification and validation of resources relating to the
proposed acquisition of border security technology. Under such plan,
the proposed acquisition of new border security technologies shall be
evaluated through a series of assessments, processes, and audits to
ensure--
``(1) compliance with relevant departmental acquisition
policies and the Federal Acquisition Regulation; and
``(2) the effective use of taxpayer dollars.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by striking the items
relating to sections 435 and 436 and inserting the following new items:
``Sec. 435. Maritime operations coordination plan.
``Sec. 436. Maritime security capabilities assessments.
``Sec. 437. Border security technology program management.''.
(c) Prohibition on Additional Authorization of Appropriations.--No
additional funds are authorized to be appropriated to carry out section
437 of the Homeland Security Act of 2002, as added by subsection (a).
SEC. 8. U.S. CUSTOMS AND BORDER PROTECTION TECHNOLOGY UPGRADES.
(a) Secure Communications.--The Commissioner shall ensure that each
CBP officer or agent, if appropriate, is equipped with a secure radio
or other two-way communication device that allows each such officer or
agent to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, Tribal, and local law
enforcement entities.
(b) Border Security Deployment Program.--
(1) Expansion.--Not later than September 30, 2023, the
Commissioner shall fully implement the Border Security
Deployment Program of CBP and expand the integrated
surveillance and intrusion detection system at land ports of
entry along the northern and southern borders of the United
States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $33,000,000 for
fiscal years 2022 and 2023 to carry out paragraph (1).
(c) Upgrade of License Plate Readers at Ports of Entry.--
(1) Upgrade.--Not later than two years after the date of
the enactment of this section, the Commissioner shall upgrade
all existing license plate readers in need of upgrade, as
determined by the Commissioner, on the northern and southern
borders of the United States.
(2) Authorization of appropriations.--In addition to
amounts otherwise authorized to be appropriated for such
purpose, there is authorized to be appropriated $125,000,000
for fiscal years 2022 and 2023 to carry out paragraph (1).
(d) Biometric Exit Data System.--
(1) In general.--Subtitle B of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by
adding at the end the following new section:
``SEC. 420. BIOMETRIC EXIT DATA SYSTEM.
``(a) Establishment.--The Secretary shall--
``(1) not later than 180 days after the date of the
enactment of this section, submit to the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the
Senate an implementation plan to establish a biometric exit
data system to complete the integrated biometric entry and exit
data system required under section 7208 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b),
including--
``(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs of such
a system, that takes into account prior reports on such
matters issued by the Government Accountability Office
and the Department;
``(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department and takes into account
prior reports on such matters issued by the Government
Accountability Office and the Department;
``(C) a consideration of training programs
necessary to establish such a system that takes into
account prior reports on such matters issued by the
Government Accountability Office and the Department;
``(D) a consideration of how such a system will
affect arrival and departure wait times that takes into
account prior reports on such matters issued by the
Government Accountability Office and the Department;
``(E) a consideration of audit capability for
systems procured in partnership with the private sector
to achieve biometric exit;
``(F) information received after consultation with
the private sector, including the--
``(i) trucking industry;
``(ii) airport industry;
``(iii) airline industry;
``(iv) seaport industry;
``(v) travel industry; and
``(vi) biometric technology industry;
``(G) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this section may be impacted by, or incorporated
into, such a system;
``(H) defined metrics of success and milestones;
``(I) identified risks and mitigation strategies to
address such risks;
``(J) a consideration of how other countries have
implemented a biometric exit data system;
``(K) a consideration of stakeholder privacy
concerns; and
``(L) a list of statutory, regulatory, or
administrative authorities, if any, needed to integrate
such a system into the operations of the Transportation
Security Administration; and
``(2) not later than two years after the date of the
enactment of this section, establish a biometric exit data
system at--
``(A) the 15 United States airports that support
the highest volume of international air travel, as
determined by available Federal flight data;
``(B) the 10 United States seaports that support
the highest volume of international sea travel, as
determined by available Federal travel data; and
``(C) the 15 United States land ports of entry that
support the highest volume of vehicle, pedestrian, and
cargo crossings, as determined by available Federal
border crossing data.
``(b) Implementation.--
``(1) Pilot program at land ports of entry.--Not later than
six months after the date of the enactment of this section, the
Secretary, in collaboration with industry stakeholders
specified in subsection (a)(1)(F), shall establish a six-month
pilot program to test the biometric exit data system referred
to in subsection (a)(1) on nonpedestrian outbound traffic at
not fewer than three land ports of entry with significant
cross-border traffic, including at not fewer than two land
ports of entry on the southern land border and at least one
land port of entry on the northern land border. Such pilot
program may include a consideration of more than one biometric
mode, and shall be implemented to determine the following:
``(A) How a nationwide implementation of such
biometric exit data system at land ports of entry shall
be carried out.
``(B) The infrastructure required to carry out
subparagraph (A).
``(C) The effects of such pilot program on--
``(i) legitimate travel and trade;
``(ii) wait times, including processing
times, for such non-pedestrian traffic;
``(iii) combating terrorism; and
``(iv) identifying visa holders who violate
the terms of their visas.
``(2) At land ports of entry.--
``(A) In general.--Not later than five years after
the date of the enactment of this section, the
Secretary shall expand to all land ports of entry the
biometric exit data system established pursuant to
subsection (a)(2).
``(B) Extension.--The Secretary may extend for a
single two-year period the date specified in
subparagraph (A) if the Secretary certifies to the
Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate that
the 15 land ports of entry that support the highest
volume of vehicle, pedestrian, and cargo crossings, as
determined by available Federal border crossing data,
do not have the physical infrastructure or
characteristics to install the systems necessary to
implement a biometric exit data system. Such extension
shall apply only in the case of nonpedestrian outbound
traffic at such land ports of entry.
``(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this section, the
Secretary shall expand to all air and sea ports of entry the
biometric exit data system referred to in subsection (a)(2).
``(c) Effects on Air, Sea, and Land Transportation.--The Secretary,
in consultation with appropriate industry stakeholders, shall ensure
that the collection of biometric data under this section causes the
least possible disruption to the movement of people or cargo in air,
sea, or land transportation, while fulfilling the goals of improving
counterterrorism efforts and identifying visa holders who violate the
terms of their visas.
``(d) Termination of Proceeding.--Notwithstanding any other
provision of law, the Secretary shall, on the date of the enactment of
this section, terminate the proceeding entitled `Collection of Alien
Biometric Data Upon Exit From the United States at Air and Sea Ports of
Departure; United States Visitor and Immigrant Status Indicator
Technology Program (``US-VISIT'')', issued on April 24, 2008 (73 Fed.
Reg. 22065).
``(e) Data Matching.--The biometric exit data system established
under this section shall--
``(1) match biometric information for an individual,
regardless of nationality, citizenship, or immigration status,
who is departing the United States against biometric data
previously provided to the United States Government by such
individual for the purposes of international travel;
``(2) leverage the infrastructure and databases of the
current biometric entry and exit system established pursuant to
section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b) for the purpose
described in paragraph (1); and
``(3) be interoperable with, and allow matching against,
other Federal databases that--
``(A) store biometrics of known or suspected
terrorists; and
``(B) identify visa holders who violate the terms
of their visas.
``(f) Scope.--
``(1) In general.--The biometric exit data system
established under this section shall include a requirement for
the collection of biometric exit data at the time of departure
for all categories of individuals who are required by the
Secretary to provide biometric entry data.
``(2) Exception for certain other individuals.--This
section shall not apply in the case of an individual who exits
and then enters the United States on a passenger vessel (as
such term is defined in section 2101 of title 46, United States
Code) the itinerary of which originates and terminates in the
United States.
``(3) Exception for land ports of entry.--This section
shall not apply in the case of a United States or Canadian
citizen who exits the United States through a land port of
entry.
``(g) Collection of Data.--The Secretary may not require any non-
Federal person to collect biometric data, or contribute to the costs of
collecting or administering the biometric exit data system established
under this section, except through a mutual agreement.
``(h) Multimodal Collection.--In carrying out subsections (a)(1)
and (b), the Secretary shall make every effort to collect biometric
data using multiple modes of biometrics.
``(i) Facilities.--
``(1) In general.--All facilities at which the biometric
exit data system established under this section is implemented
shall provide and maintain space for Federal use that is
adequate to support biometric data collection and other
inspection-related activity.
``(2) Non-federal facilities.--With respect to each non-
Federal facility at which the biometric exit data system is
implemented pursuant to paragraph (1), the space required under
such paragraph shall be provided and maintained at no cost to
the Federal Government.
``(3) Land ports of entry.--With respect to each facility
at a land port of entry at which the biometric exit data system
is implemented pursuant to paragraph (1), the space required
under such paragraph shall be coordinated with the
Administrator of General Services.
``(j) Northern Land Border.--With respect to the northern land
border, the requirements under subsections (a)(2)(C), (b)(2)(A), and
(b)(3) may be achieved through the sharing of biometric data provided
to the Department by the Canadian Border Services Agency pursuant to
the 2011 Beyond the Border agreement.
``(k) Full and Open Competition.--The Secretary shall procure goods
and services to implement this section through full and open
competition in accordance with the Federal Acquisition Regulation.
``(l) Other Biometric Initiatives.--Nothing in this section may be
construed as limiting the authority of the Secretary to collect
biometric information in circumstances other than as specified in this
section.
``(m) Congressional Review.--Not later than 90 days after the date
of the enactment of this section, the Secretary shall submit to the
Committee on Homeland Security and the Committee on the Judiciary of
the House of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on the Judiciary of the Senate
reports and recommendations regarding the Directorate of Science and
Technology's Air Entry and Exit Re-Engineering Program and the U.S.
Customs and Border Protection entry and exit mobility program
demonstrations.
``(n) Savings Clause.--Nothing in this section may prohibit the
collection of user fees permitted by section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c).''.
(2) Authorization of appropriations.--There is authorized
to be appropriated $50,000,000 for each of fiscal years 2022
and 2023 to carry out section 420 of the Homeland Security Act
of 2002, as added by this subsection.
(3) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 419 the following
new item:
``Sec. 420. Biometric exit data system.''.
SEC. 9. NONINTRUSIVE INSPECTION OPERATIONS.
The Secretary shall fully implement the requirements of the
Securing America's Ports Act (Public Law 116-299; 6 U.S.C. 211 note).
SEC. 10. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Border Patrol Agents.--Not later than September 30, 2025, the
Commissioner shall hire, train, and assign agents to maintain an active
duty presence of--
(1) not fewer than 22,478 full-time equivalent CBP agents;
and
(2) not fewer than 1,200 CBP processing coordinators.
(b) CBP Officers.--In addition to positions authorized before the
date of the enactment of this section and any existing officer
vacancies within CBP as of such date, the Commissioner shall, not later
than September 30, 2025, hire, train, and assign to duty sufficient CBP
officers to maintain an active duty presence of--
(1) not fewer than 27,725 full-time equivalent officers;
and
(2) the required associated full-time support staff
distributed among all United States ports of entry.
(c) Air and Marine Operations.--Not later than September 30, 2025,
the Commissioner shall hire, train, and assign agents for Air and
Marine Operations of CBP to maintain not fewer than 1,675 full-time
equivalent agents.
(d) CBP K-9 Units and Handlers.--
(1) K-9 units.--Not later than September 30, 2025, the
Commissioner shall deploy not fewer than 200 new K-9 units,
with supporting officers of CBP and other required staff, at
land ports of entry and checkpoints, along the northern and
southern borders of the United States.
(2) Use of canines.--The Commissioner shall prioritize the
use of K-9 units at the primary inspection lanes at land ports
of entry and checkpoints.
(e) CBP Tunnel Detection and Remediation.--Not later than September
30, 2025, the Commissioner shall increase by not fewer than 50 the
number of CBP officers assisting task forces and activities related
to--
(1) the deployment and operation of border tunnel detection
technology;
(2) the apprehension of individuals using such tunnels
for--
(A) unlawfully entering the United States;
(B) drug trafficking; or
(C) human smuggling; and
(3) the remediation of such illicit tunnels.
(f) Agricultural Specialists.--In addition to the officers and
agents authorized under subsections (a) through (e), by September 30,
2025, the Commissioner shall carry out section 4 of the Protecting
America's Food and Agriculture Act of 2019 (Public Law 116-122; 6
U.S.C. 211 note).
(g) U.S. Customs and Border Protection Office of Intelligence.--Not
later than September 30, 2025, the Commissioner shall hire, train, and
assign sufficient Office of Intelligence personnel to maintain not
fewer than 500 full-time equivalent employees.
(h) GAO Report.--If the staffing levels required under this section
are not achieved by September 30, 2025, the Comptroller General of the
United States shall conduct a review of the reasons why such levels
were not achieved.
SEC. 11. ANTI-BORDER CORRUPTION ACT REAUTHORIZATION.
(a) Hiring Flexibility.--Section 3 of the Anti-Border Corruption
Act of 2010 (6 U.S.C. 221; Public Law 111-376) is amended by striking
subsection (b) and inserting the following new subsections:
``(b) Waiver Authority.--The Commissioner of U.S. Customs and
Border Protection may waive the application of subsection (a)(1)--
``(1) to a current, full-time law enforcement officer
employed by a State or local law enforcement agency who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized by law to engage in or
supervise the prevention, detection, investigation, or
prosecution of, or the incarceration of any person for,
any violation of law, and has statutory powers for
arrest or apprehension;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) has, within the past ten years, successfully
completed a polygraph examination as a condition of
employment with such officer's current law enforcement
agency;
``(2) to a current, full-time Federal law enforcement
officer who--
``(A) has continuously served as a law enforcement
officer for not fewer than three years;
``(B) is authorized to make arrests, conduct
investigations, conduct searches, make seizures, carry
firearms, and serve orders, warrants, and other
processes;
``(C) is not currently under investigation, has not
been found to have engaged in criminal activity or
serious misconduct, has not resigned from a law
enforcement officer position under investigation or in
lieu of termination, and has not been dismissed from a
law enforcement officer position; and
``(D) holds a current Tier 4 background
investigation or current Tier 5 background
investigation; and
``(3) to a member of the Armed Forces (or a reserve
component thereof) or a veteran, if such individual--
``(A) has served in the Armed Forces for not fewer
than three years;
``(B) holds, or has held within the past five
years, a Secret, Top Secret, or Top Secret/Sensitive
Compartmented Information clearance;
``(C) holds, or has undergone within the past five
years, a current Tier 4 background investigation or
current Tier 5 background investigation;
``(D) received, or is eligible to receive, an
honorable discharge from service in the Armed Forces
and has not engaged in criminal activity or committed a
serious military or civil offense under the Uniform
Code of Military Justice; and
``(E) was not granted any waivers to obtain the
clearance referred to in subparagraph (B).
``(c) Termination of Waiver Authority.--The authority to issue a
waiver under subsection (b) shall terminate on the date that is four
years after the date of the enactment of the Border Security for
America Act of 2021.''.
(b) Supplemental Commissioner Authority and Definitions.--
(1) Supplemental commissioner authority.--The Anti-Border
Corruption Act of 2010 is amended by adding at the end the
following new section:
``SEC. 5. SUPPLEMENTAL COMMISSIONER AUTHORITY.
``(a) Nonexemption.--An individual who receives a waiver under
section 3(b) is not exempt from other hiring requirements relating to
suitability for employment and eligibility to hold a national security
designated position, as determined by the Commissioner of U.S. Customs
and Border Protection.
``(b) Background Investigations.--Any individual who receives a
waiver under section 3(b) who holds a current Tier 4 background
investigation shall be subject to a Tier 5 background investigation.
``(c) Administration of Polygraph Examination.--The Commissioner of
U.S. Customs and Border Protection is authorized to administer a
polygraph examination to an applicant or employee who is eligible for
or receives a waiver under section 3(b) if information is discovered
before the completion of a background investigation that results in a
determination that a polygraph examination is necessary to make a final
determination regarding suitability for employment or continued
employment, as the case may be.''.
(2) Report.--The Anti-Border Corruption Act of 2010, as
amended by paragraph (1), is further amended by adding at the
end the following new section:
``SEC. 6. REPORTING.
``(a) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter while the waiver
authority under section 3(b) is in effect, the Commissioner of U.S.
Customs and Border Protection shall submit to Congress a report that
includes, with respect to each such reporting period--
``(1) the number of waivers requested, granted, and denied
under such section 3(b);
``(2) the reasons for any denials of such waiver;
``(3) the percentage of applicants who were hired after
receiving a waiver;
``(4) the number of instances that a polygraph was
administered to an applicant who initially received a waiver
and the results of such polygraph;
``(5) an assessment of the current impact of the polygraph
waiver program on filling law enforcement positions at U.S.
Customs and Border Protection; and
``(6) additional authorities needed by U.S. Customs and
Border Protection to better utilize the polygraph waiver
program for its intended goals.
``(b) Additional Information.--The first report submitted under
subsection (a) shall include--
``(1) an analysis of other methods of employment
suitability tests that detect deception and could be used in
conjunction with traditional background investigations to
evaluate potential employees for suitability; and
``(2) a recommendation regarding whether a test referred to
in paragraph (1) should be adopted by U.S. Customs and Border
Protection when the polygraph examination requirement is waived
pursuant to section 3(b).''.
(3) Definitions.--The Anti-Border Corruption Act of 2010,
as amended by paragraphs (1) and (2), is further amended by
adding at the end the following new section:
``SEC. 7. DEFINITIONS.
``In this Act:
``(1) Federal law enforcement officer.--The term `Federal
law enforcement officer' means a `law enforcement officer', as
such term is defined in section 8331(20) or 8401(17) of title
5, United States Code.
``(2) Serious military or civil offense.--The term `serious
military or civil offense' means an offense for which--
``(A) a member of the Armed Forces may be
discharged or separated from service in the Armed
Forces; and
``(B) a punitive discharge is, or would be,
authorized for the same or a closely related offense
under the Manual for Court-Martial, as pursuant to Army
Regulation 635-200, chapter 14-12.
``(3) Tier 4; tier 5.--The terms `Tier 4' and `Tier 5' with
respect to background investigations have the meaning given
such terms under the 2012 Federal Investigative Standards.
``(4) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States Code.''.
(c) Polygraph Examiners.--Not later than September 30, 2025, the
Secretary shall increase to not fewer than 150 the number of trained
full-time equivalent polygraph examiners for administering polygraphs
under the Anti-Border Corruption Act of 2010, as amended by this
section.
SEC. 12. ESTABLISHMENT OF WORKLOAD STAFFING MODELS FOR U.S. BORDER
PATROL AND AIR AND MARINE OPERATIONS OF CBP.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commissioner, in coordination with the Under
Secretary for Management, the Chief Human Capital Officer, and the
Chief Financial Officer of the Department, shall implement a workload
staffing model for each of the following:
(1) The U.S. Border Patrol.
(2) Air and Marine Operations of CBP.
(b) Responsibilities of the Commissioner of CBP.--Subsection (c) of
section 411 of the Homeland Security Act of 2002 (6 U.S.C. 211), is
amended--
(1) by redesignating paragraphs (18) and (19) as paragraphs
(20) and (21), respectively; and
(2) by inserting after paragraph (17) the following new
paragraphs:
``(18) implement a staffing model that includes
consideration for essential frontline operator activities and
functions, variations in operating environments, present and
planned infrastructure, present and planned technology, and
required operations support levels for the U.S. Border Patrol,
Air and Marine Operations, and the Office of Field Operations,
to manage and assign personnel of such entities to ensure field
and support posts possess adequate resources to carry out
duties specified in this section;
``(19) develop standard operating procedures for a
workforce tracking system within the U.S. Border Patrol, Air
and Marine Operations, and the Office of Field Operations,
train the workforce of each of such entities on the use,
capabilities, and purpose of such system, and implement
internal controls to ensure timely and accurate scheduling and
reporting of actual completed work hours and activities;''.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this section with respect to subsection (a)
and paragraphs (18) and (19) of section 411(c) of the Homeland
Security Act of 2002 (as amended by subsection (b)), and
annually thereafter with respect to such paragraphs (18) and
(19), the Secretary shall submit to the appropriate
congressional committees a report that includes a status update
on--
(A) the implementation of such subsection (a) and
such paragraphs (18) and (19); and
(B) each relevant workload staffing model.
(2) Data sources and methodology required.--Each report
required under paragraph (1) shall include information relating
to the data sources and methodology used to generate such
staffing models.
(d) Inspector General Review.--Not later than 120 days after the
Commissioner develops the workload staffing models pursuant to
subsection (a), the Inspector General of the Department shall review
such model and provide feedback to the Secretary and the appropriate
congressional committees with respect to the degree to which such model
is responsive to the recommendations of the Inspector General,
including--
(1) recommendations from the Inspector General's February
2019 audit; and
(2) any further recommendations to improve such model.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 13. OPERATION STONEGARDEN.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the
following new section:
``SEC. 2009A. OPERATION STONEGARDEN.
``(a) Establishment.--There is established in the Department a
program to be known as `Operation Stonegarden', under which the
Secretary, acting through the Administrator, shall make grants to
eligible law enforcement agencies, through the State administrative
agency, to enhance border security in accordance with this section.
``(b) Eligible Recipients.--To be eligible to receive a grant under
this section, a law enforcement agency--
``(1) shall be located in--
``(A) a State bordering Canada or Mexico; or
``(B) a State or territory with a maritime border;
and
``(2) shall be involved in an active, ongoing, U.S. Customs
and Border Protection operation coordinated through a U.S.
Border Patrol sector office.
``(c) Permitted Uses.--The recipient of a grant under this section
may use such grant for--
``(1) equipment, including maintenance and sustainment
costs;
``(2) personnel, including overtime and backfill, in
support of enhanced border law enforcement activities;
``(3) any activity permitted for Operation Stonegarden
under the most recent fiscal year Department of Homeland
Security's Homeland Security Grant Program Notice of Funding
Opportunity; and
``(4) any other appropriate activity, as determined by the
Administrator, in consultation with the Commissioner of U.S.
Customs and Border Protection.
``(d) Period of Performance.--The Secretary shall award grants
under this section to grant recipients for a period of not less than 36
months.
``(e) Report.--For each of fiscal years 2022 through 2026, the
Administrator shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that contains information
on the expenditure of grants made under this section by each grant
recipient.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $110,000,000 for each of fiscal years 2022 through 2026
for grants under this section.''.
(b) Conforming Amendment.--Subsection (a) of section 2002 of the
Homeland Security Act of 2002 (6 U.S.C. 603) is amended to read as
follows:
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003, 2004, 2009, and 2009A to State,
local, and Tribal governments, as appropriate.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2009 the following new item:
``Sec. 2009A. Operation Stonegarden.''.
SEC. 14. AIR AND MARINE OPERATIONS FLIGHT HOURS.
(a) Air and Marine Operations Flight Hours.--The Secretary shall
ensure that not fewer than 95,000 annual flight hours are carried out
by Air and Marine Operations of CBP.
(b) Unmanned Aircraft Systems.--The Secretary, after coordination
with the Administrator of the Federal Aviation Administration, shall
ensure that Air and Marine Operations operate unmanned aircraft systems
on the southern border of the United States for not less than 24 hours
per day for 7 days per week.
(c) Primary Missions.--The Commissioner shall ensure that--
(1) the primary missions for Air and Marine Operations are
to directly support--
(A) U.S. Border Patrol activities along the borders
of the United States; and
(B) Joint Interagency Task Force South operations
in the transit zone; and
(2) the Executive Assistant Commissioner of Air and Marine
Operations assigns the greatest priority to support missions
outlined under paragraph (1).
(d) High Demand Flight Hour Requirements.--The Commissioner shall
ensure that U.S. Border Patrol Sector Chiefs--
(1) identify air support mission-critical hours; and
(2) direct Air and Marine Operations to support requests
from Sector Chiefs as their primary mission.
(e) Contract Air Support Authorizations.--The Commissioner shall
contract for the unfulfilled air support mission-critical hours, as
identified pursuant to subsection (d).
(f) Small Unmanned Aircraft Systems.--
(1) In general.--The Chief of the U.S. Border Patrol shall
be the executive agent with respect to the use of small
unmanned aircraft systems by CBP for the purpose of--
(A) meeting the unmet flight hour operational
requirements of the U.S. Border Patrol; and
(B) achieving situational awareness and operational
control (as such term is defined in section 2(b) of the
Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C.
1701 note)).
(2) Coordination.--In carrying out paragraph (1), the Chief
of the U.S. Border Patrol shall coordinate--
(A) flight operations with the Administrator of the
Federal Aviation Administration to ensure the safe and
efficient operation of the National Airspace System;
and
(B) with the Executive Assistant Commissioner for
Air and Marine Operations of CBP to--
(i) ensure the safety of other CBP aircraft
flying in the vicinity of small unmanned
aircraft systems operated by the U.S. Border
Patrol; and
(ii) establish a process to include data
from flight hours in the calculation of got
away statistics.
(3) Conforming amendment.--Paragraph (3) of section 411(e)
of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is
amended--
(A) in subparagraph (B), by striking ``and'' after
the semicolon at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) carry out the small unmanned aircraft system
(as such term is defined in section 44801 of title 49,
United States Code) requirements pursuant to subsection
(f) of section 14 of the Border Security for America
Act of 2021; and''.
(g) Savings Clause.--Nothing in this section shall confer,
transfer, or delegate to the Secretary, the Commissioner, the Executive
Assistant Commissioner for Air and Marine Operations of CBP, or the
Chief of the U.S. Border Patrol any authority of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration relating to the use of airspace or aviation safety.
(h) Definitions.--In this section:
(1) Got away.--The term ``got away'' has the meaning given
such term in section 1092(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 6
U.S.C. 223(a)(3)).
(2) Transit zone.--The term ``transit zone'' has the
meaning given such term in section 1092(a)(8) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 6 U.S.C. 223(a)(8)).
SEC. 15. ERADICATION OF CARRIZO CANE AND SALT CEDAR.
(a) In General.--Not later than September 30, 2026, the Secretary,
in coordination with the heads of the relevant Federal, State, and
local agencies, shall begin eradicating the carrizo cane plant and any
salt cedar along the Rio Grande River that impedes border security
operations.
(b) Extent.--The waiver authority under subsection (c) of section
102 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1103 note), as amended by section 4 of this Act,
shall extend to activities carried out pursuant to subsection (a).
SEC. 16. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than one year after the date of
enactment of this section and every five years thereafter, the
Secretary, acting through the Chief of the U.S. Border Patrol, shall
issue a Border Patrol Strategic Plan (referred to in this section as
the ``plan'') to enhance the security of the international borders of
the United States.
(b) Elements.--The plan shall include the following:
(1) A consideration of Border Patrol Capability Gap
Analysis reporting, Border Security Improvement Plans, and any
other strategic document authored by the U.S. Border Patrol to
address security gaps with respect to ports of entry, including
efforts to mitigate threats identified in such analyses, plans,
and documents.
(2) Information relating to the dissemination of
information relating to border security or border threats with
respect to the efforts of the Department and other appropriate
Federal agencies.
(3) Information relating to efforts by U.S. Border Patrol
to--
(A) increase situational awareness, including--
(i) surveillance capabilities, such as
capabilities developed or utilized by the
Department of Defense, and any appropriate
technology determined to be excess by the
Department of Defense; and
(ii) the use of manned aircraft and
unmanned aircraft systems;
(B) detect and prevent terrorists and instruments
of terrorism from entering the United States;
(C) detect, interdict, and disrupt human smuggling,
human trafficking, drug trafficking and other illicit
cross-border activity;
(D) focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United
States; and
(E) ensure that any new border security technology
can be operationally integrated with existing
technologies in use by the Department.
(4) Information relating to initiatives of the Department
with respect to operational coordination, including any
relevant task forces of the Department.
(5) Information gathered from the lessons learned by the
deployments of the National Guard to the southern border of the
United States.
(6) A description of cooperative agreements relating to
information sharing with State, local, Tribal, territorial, and
other Federal law enforcement agencies that have jurisdiction
on the border.
(7) Information relating to border security information
received from--
(A) State, local, Tribal, territorial, and other
Federal law enforcement agencies that have jurisdiction
on the border or in the maritime environment; and
(B) border community stakeholders, including
representatives from--
(i) border agricultural and ranching
organizations; and
(ii) business and civic organizations.
(8) Information relating to the staffing requirements with
respect to border security for the Department.
(9) A prioritized list of Department research and
development objectives to enhance the security of the southern
border.
(10) An assessment of training programs, including such
programs relating to--
(A) identifying and detecting fraudulent documents;
(B) understanding the scope of CBP enforcement
authorities and appropriate use of force policies; and
(C) screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking.
SEC. 17. HOMELAND SECURITY INVESTIGATIONS INNOVATION LAB.
(a) In General.--Subtitle E of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 463. INNOVATION LAB.
``(a) Establishment.--
``(1) In general.--There is established within the
Department a program to be known as the `Homeland Security
Investigations Innovation Lab' (referred to in this section as
the `Innovation Lab').
``(2) Assistant director.--The Innovation Lab shall be
headed by an Assistant Director, who shall be appointed by the
Executive Associate Director of United States Immigration and
Customs Enforcement, Homeland Security Investigations.
``(b) Purpose.--The purpose of the Innovation Lab shall be to
improve investigative efficiency and mission-critical outcomes by
enhancing and streamlining data processing, agility, assessment,
visualization, and analysis of homeland security data, using innovative
and emerging technologies and best practices for design principles.
Innovation Lab efforts shall be informed by designated field agents and
analysts with relevant experience.
``(c) Co-Location.--The Secretary shall, if practicable, co-locate
Innovation Lab personnel and office space with other existing assets
of--
``(1) the Department, where possible; or
``(2) Federal facilities, where appropriate.
``(d) Composition.--The Innovation Lab shall be comprised of
personnel from the following:
``(1) Homeland Security Investigations of U.S. Immigration
and Customs Enforcement.
``(2) Other appropriate agencies as determined by the
Secretary.
``(3) The private sector (through advisory partnerships),
including developers with specializations in innovative and
emerging technology, backend architecture, or user interface
design.
``(4) Academic institutions (through advisory
partnerships), including members from the Department of
Homeland Security Centers of Excellence.
``(e) Prioritization.--The Innovation Lab shall prioritize new
projects based on communicated investigative challenges experienced by
each Homeland Security Investigations field office. Such communication
may be incorporated in existing annual threat analyses conducted by
Homeland Security Investigations.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Innovation Lab.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $24,700,000 for fiscal year 2022 and $27,700,000 for
fiscal year 2023 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 462 the following new item:
``Sec. 463. Innovation lab.''.
SEC. 18. INTEGRATED BORDER ENFORCEMENT TEAMS.
(a) In General.--Subtitle D of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following new section:
``SEC. 447. INTEGRATED BORDER ENFORCEMENT TEAMS.
``(a) Establishment.--There is established within the Department a
program to be known as the Integrated Border Enforcement Team program
(referred to in this section as `IBET') for the purposes described in
subsection (b).
``(b) Purposes.--The purposes described in this subsection are the
following:
``(1) Enhance cooperation between the United States and
Canada with respect to border security.
``(2) Enhance security between designated ports of entry.
``(3) Detect, investigate, prevent, and respond to
terrorism, transnational criminal organizations, and other
violations of law related to border security.
``(4) Facilitate collaboration among components and offices
within the Department and international partners.
``(5) Execute coordinated activities in furtherance of
border security and homeland security.
``(6) Enhance information sharing, including the
dissemination of homeland security information among such
components and offices of the Department and international
partners.
``(c) Composition and Establishment of Units.--
``(1) Composition.--IBET units may be composed of personnel
from the following:
``(A) U.S. Customs and Border Protection.
``(B) U.S. Immigration and Customs Enforcement, led
by Homeland Security Investigations.
``(C) Other Department personnel, as appropriate.
``(D) Other Federal, State, local, Tribal, and
foreign law enforcement agencies, as appropriate.
``(E) Other appropriate personnel at the discretion
of the Secretary.
``(2) Establishment of units.--
``(A) In general.--The Secretary may establish IBET
units in regions in which such units can contribute to
the purpose of IBET.
``(B) Assessment.--Prior to establishing an IBET
unit pursuant to subparagraph (A), the Secretary shall
assess the establishment of such unit in a particular
region with the following criteria:
``(i) The likelihood that the establishment
of such unit in such region would significantly
mitigate cross-border threats, including such
threats posed by transnational criminal
organizations and terrorist groups.
``(ii) The availability of Federal, State,
local, Tribal, and foreign law enforcement
resources to participate in such unit.
``(iii) Whether the establishment of such
unit would duplicate the efforts of existing
interagency task forces or centers within such
region, including the Border Enforcement
Security Task Force established under section
432.
``(d) Operation.--After establishing an IBET unit pursuant to
paragraph (2) of subsection (c), the Secretary may--
``(1) direct the assignment of Federal personnel to such
unit;
``(2) take other actions to assist Federal, State, local,
and Tribal entities to participate in such unit, including
providing financial assistance for operational, administrative,
and technological costs associated with such participation;
``(3) direct the development of policy and guidance
necessary to identify, assess, and integrate the available
partner resources in relevant border sector security
assessments and resource planning documents;
``(4) establish targets and performance measures for such
unit; and
``(5) direct leadership of such unit to monitor the
progress with respect to such targets and performance measures.
``(e) Coordination.--The Secretary shall coordinate IBET activities
with other similar border security and antiterrorism programs within
the Department in accordance with the strategic objectives of the
Cross-Border Law Enforcement Advisory Committee.
``(f) Memoranda of Understanding.--The Secretary may enter into
memoranda of understanding with appropriate representatives of the
entities specified in paragraph (1) of subsection (c), as necessary, to
carry out this section.
``(g) Report.--Not later than 180 days after the date on which IBET
is established and biannually thereafter for the following six years,
the Secretary shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that--
``(1) describes the effectiveness of IBET units in
fulfilling the purposes specified in subsection (b);
``(2) identifies challenges on the sustainment of cross-
border IBET operations, including challenges faced by
international partners, and planned corrective actions;
``(3) identifies costs associated with IBET units
disaggregated by relevant categories designated at the
discretion of the Secretary;
``(4) identifies ways to support joint training for IBET
stakeholder agencies and radio interoperability to allow for
secure cross-border radio communications; and
``(5) identifies and assesses ways IBET, Border Tunnel Task
Forces, Border Enforcement Security Task Forces, and the
Integrated Cross-Border Maritime Law Enforcement Operation
Program can better align operations, including interdiction and
investigation activities.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 446 the following new item:
``Sec. 447. Integrated Border Enforcement Teams.''.
SEC. 19. DNA COLLECTION CONSISTENT WITH FEDERAL LAW.
Not later than 14 days after the date of the enactment of this
section, the Secretary shall ensure and certify to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate that CBP is
fully compliant with the DNA Fingerprint Act of 2005 (Public Law 109-
162; 119 Stat. 3084) at all border facilities that process adults,
including as part of a family unit, in the custody of CBP at the
border.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Referred to the Subcommittee on Oversight, Management, and Accountability.
Referred to the Subcommittee on Biotechnology, Horticulture, and Research.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line